Complainant's criminal appeal under Section 378(4) Cr.P.C. against acquittal of the accused in a Section 138 NI Act cheque-dishonour case. The respondent was reported dead on 29.04.2021 with a death certificate enclosed, so the appeal against acquittal abated and was dismissed as abated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.A No. 669 of 2022 NC: 2024:KHC:10280
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL APPEAL NO.669 OF 2022
BETWEEN:
SRI R S SHIVAPRASAD S/O R K SUBBA RAO AGED ABOUT 53 YEARS R/AT NO.9 RAMPURA BIDARAHALLI HOBLI VIRGO NAGAR POST BENGALURU - 560 049
…APPELLANT
(BY SMT. MADHUMATHI S, ADVOCATE)
AND:
Digitally signed by REKHA R Location: High Court of Karnataka
SRI R DASHRATH S/O LATE CHIKKA RAMA BHOVI AGED MAJOR R/T BHOVI COLONY, 1ST CROSS KASAVANAHALLI CENTRAL JAIL ROAD NEAR AMRUTHA ENGG COLLEGE CARMELARAM POST, VARTHUR VILLAGE BENGALURU - 560 035
…RESPONDENT THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO a) SET ASIDE THE JUDGMENT DATED 17.04.2021 PASSED BY THE XXIV ADDL.C.M.M., BENGALURU IN C.C.NO.53362/2017 BY ALLOWING THIS APPEAL; b) CONVICT AND SENTENCE THE ACCUSED/RESPONDENT FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT; c) GRANT SUCH OTHER ORDER OR ORDERS, WHICH DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE.
CRL.A No. 669 of 2022 NC: 2024:KHC:10280
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The notice sent to respondent is returned with an endorsement that respondent/accused as expired on 29.04.2021. Copy of the death certificate is also enclosed.
Since this appeal is against acquittal of
respondent/accused, with his death appeal also abates.
Accordingly, appeal is dismissed as abated.
The Registry is directed to send back the trial Court
record.
Sd/JUDGE
RR
List No.: 1 Sl No.: 24
2 provisions across 2 enactments
Sri R S Shivaprasad
Sri R Dashrath
J.M.Khazi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
